New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1887-03-13
AT CLEARY'S TRIAL.
THE CALM JUDGE AND THE IRASCIBLE
LAWYER.
SOME FoRCIBIE ENCOUNTERs-FUN WITH THE
WITNESSES.

I'm this town Ii took only three days to fnd twelve
Of Jaehne's peers In tho two trials OF mcouauo
peers enough for tho purposes of Justice woro dlsooV
cred I'm less than week. -Four days suficed to call
out all the peers necessary 70 send ONo to Sing sing
but Clcarys peers arc f.w and far between sup
posing that each who has qualified for Juror
since the trial began two weeks ago Is peer, the
search has been rewarded by about peer in every
two hours Tho trouble il that those who prove TO
be peers satisfactory in other respects and
so tho struggle for a jury has gone on and on, ana
still the essential work Of tho trial has not begun.
Lovers Of mental gymnastics can find much to
amuse them in n great criminal trial, in when the
lawyers are sklful and determined and in which the
stake ia high All that legal talent, money ana dcV
try can accomplish has boon thrown UP "a breast
work about these "boodlc' Aldermen But talent has
been met with talent money with money, and a. for
deyiltry-they do say that the dark faced Inspector
who traps the erring docs not pause to consider the
rules Of the game when plays at pquct with fellows
whose sleeves long and fingers nniblo.
Tho Cloary trial is going TO be great battle. The
forces I'm array against each Other are not 30 over
matched a. ono might think. To DO sure tho prisoner
has three lawyers. and tho people but one. Mr. VIM
cent is fagacious watchful unring attorney, whose
ewes and ears pause for rest Ira Shafer Is an
old OK pcrcnced criminal lawyer cunning. ready witD
hi, tongue and very aggressive He Is scarcely what
ono would call thing Of beauty but no has his strong
ponts Irascible equity and cOrpulont. with red
VOICE that sounds Ike a respectable section OF Mia
CARA q bumor that to keep his relations with
the Jury good and large stock OF harmless ccconrici
tcs no brings to tho interest and force which
havo achieved many successes at this bar
Just why Clcary passed over tho long list OF elo-
qrent and able pleadcrs who gvo lustro to tho legal
fraternity Of New York to secure Philadelphia jurist
to make the nual appeal TO tho Jury, IL not yet ap-
parent Tho Hon. Daniel DOugherty can make
charming speech. His manner Is soft, winning. In
gcnious and II Clcary gets or, perhaps tho enigma
viii be- explained lie and Ira Shafer sustain an
antpodal relation to each other The one Is mild
suase optimistic. Tho other Il powerful, bruSque,
with a sturdy bccf in tho doctrine Of total depravy
Opposed TO these three men stands only one lie
f, no. equal In experience elOIuence or learning
hut tho assistant DistrctAuorney, Delaney Nicoll.
L. the man the "Doodlers" fear. Mr.. MARITIME has
so do that he could not attend to these cases
Colonel Felows IL Liable to a convenient touch OF
malaria. Senator Fitzgerald Is one Of tho "bOys.'
Mr. Scmplo is new. Inspector Byrncs only obeys or
dcrs Ncon l. tho they hate and dread iIo il
not fearful 10 look at Tall. 1.-The. healthy and fairly
hand ono with clear blue eyes and a blonde mus
tachc he suggests of society rather than cool
relentless prosecutor VI daring criminals. But Nicol
Knows what he t. about and no lOso5 his wits.
lie has mastered these from \ to H. and no con
fronts thc brilliant star Of opposing counsel making
up In aud in familiarity uIth the battlefield what
Ao la o. IN othcr respects.
Tho grcitc-t forco OF all IN bringing tho conflict TO
it, just and shtiul ISSUE Is tho Of tho orminc
judge Barrett is tho realization OF what the public
liko, tho bench. His face IL FULL intellectual
aud refined. dark brown bcard, touched here and
thoro with gray. covers IN, mouth and chin. iii,
quiet it scarcely ever loses its calm repose.
when De- T. annoy cd hi, whole iaco tghtons and his
VOICE. usually 80 and mellow. becomes Jelly dis
unct and severe. Tho most obsucpcrous lawyer Is
constrained difference n judge arrstt's court No
has dared to test tho Resource, OF al. resent
ment IS a Judge ho IL attentive and analle. and
always in complete control Of tho case. lie aims to
DO moro than decide Issues Of law. lie aims 20 have
Justice tho issue OF every cause bo tries.
Tho lat two weeks have been full OF incidents that
cavo nomontsry brightness &C. tho dun work Of ccttn
a jury Tho ob-cnntlon Of Clerk Woch which has
been heard Just dO5 times during these two weeks.
desiring to know 4 the tllcsman solcmny swear that
no viii speak tho truth. tho whole truth AMI nothing
hut tho truth. IS becoming doofuly trto. II 10 re
rvcd only by tho curious way tho witnesses have o.
Kissing tho Bibic. Some ~ them gvo loui snach
.c tho uoi-o ~ an exploding paper torpedo Othcrs
touch Is with their lips, make grnaco and have
prompt 10 their pocket handacrchcfs Others
riye u vicious bite. only tho very young men 60
through the operation a. kissing agreeable
occupation.
II the byoA, hal not fully demonstrated that
beast superior ~ the donkey. watching the process
- getting = Jury might raise some doubt about II
Sir sh1ior however. docs his best 20 sustain 1t
Tho Guuio- nc,h has no terror Tor him. ono % the
mo n. woctrgouc specimens ever launched the
stand lst week lie mower rcah the papers. Ilc had
10 opinions no had never heard Of the "b.o die"
cases lie could recall anything he did know. and
10 filled dozen pages OF tho stonosraphers book
with what ho did not know Ito concluded BY lus
that be- I'D not know upon what Juror was 10 dccido
a ct-c nor what tho Oiic0 VI tho judge At tnis
point Mr. shaicr took HIM In hand. preceding his cN-
animation by the assurance that the witness was a
r..f "
Attorney had abused
81 VIII show YOU your Honor" Yr. Shafc~ promised
athat tho witness l. qualified Now. SIR" he con
tluuc You know perfectly well that the Court lay
down the law. don't you1"
"What law ," asked the man.
Mr. Ahafor looked sad. and Mr. Doughcrty came to
his assistance. "Your Honor" he eaid "why should
tho ltu,s know the Law Why should he not so into
that bot as q ltuo child. there to learn the aw a.
il falls tom your Ionor's lpsl'
"Mr Iou-hcrty." sal the Judge any court Is not
AN educational Institution for tho development Of In
nature ulndt"
Tho witness wen. elsewhere to learn his legal al
phabe,.
Mr. shafcr ha, the govt and keeps his bal leg in n
chair in front Of him. Tho other day question: from
Nr Nlco called him quickly to his feet lie started to
get up upon ono Log but foil back and looked In some
ucrplcAlty about him. "Whorc In hi IS my other
leg - hc murmurcd aud breathod sigh relief when
Ia. prc,outy discovered It In tho chain. before him.
Tho finest specimen Of real wit during tho ca,o Ia,
come from tho court It was just after tho attompt
Of tho defence TO get judge Barrett of tho bench OF
the ground that no their most important witness.
and could not pass a. Judge upon his own testimony
That afternoon lump Of ncsh camo on the stand.
II could walk and emit sounds. but that was about
all Mr. NicoI Worked on II whllc and Mr.. shafcr
soon broke IN with his old song about this idiot being
A perfectly good juror lilo led him By easy stage
untn no had Induced him TO say "lcs sir" to all the
questions which no had previously answered with
40. Sir or Dunno SIR" and then sat down uium-
phantly. Mr.. NlcOn jumped up.
"What do you understand that my learned friend,
Sir shafcr l. hero forl what Is his business hero r.
"Dunno SIR" said the poor fellow.
That IS enough" interposol tho Court, - juror
who don't know that MIR. shafcr is hcro to qualify
tho Jury and dlsquay the Court Is not sufficiently In